U.S. case law has established that encryption 
                            software source code 
without 
                            binaries is considered protected speech 
                            under the First Amendment and 
does not 
                            require an export license for publication. 
                            The two key cases that support this are:
                            
                                - 
                                    Bernstein v. U.S. Department of Justice
                                    Daniel J. Bernstein, a Ph.D. student, developed an encryption algorithm and wanted to publish the source code and a paper describing it.
                                    The government at the time required an export license under ITAR. Bernstein challenged this restriction.
                                    The Ninth Circuit held that software source code is speech and that export regulations on its publication violated the First Amendment.
                                    Read the court opinion:
                                    
                                        Bernstein v. U.S. Dept. of Justice – Ninth Circuit Ruling
                                    
                                    
                                        Summary and documents from EFF
                                    
                                 
                                - 
                                    Junger v. Daley
                                    Peter Junger, a law professor, sought to publish encryption source code for educational use and challenged export control laws.
                                    The Sixth Circuit ruled that source code is protected speech, reaffirming the precedent set by Bernstein.
                                    Read the court opinion:
                                    
                                        Junger v. Daley – Sixth Circuit Opinion (Justia)
                                    
                                    
                                        Casetext: Junger v. Daley
                                    
                                 
                            
                            Conclusion
                            These decisions collectively affirm that source code for encryption software, 
                            when not compiled into binaries, is protected by the First Amendment as a 
                            form of expression and therefore publication does not require an export license.